Did you ask the surgeon why he didn't send frozen sections for evaluation of the margins at the time of surgery? I might not have all the facts, but from reading the lawsuit it appears that a big part of the blame could be put on the surgeon. It sounds as though he thought by visual inspection that the margins were clean, and that the tumor was benign. That's not a diagnosis that can be made accurately without histology. When did he tell you and your family that it was benign? He should not have told you that without having the permanent pathology report back.
Did you have the total nephrectomy at Cleveland Clinic? Are you okay? Good luck and prayers for you.
He told my family that he did not think it was cancer right after the surgery. He even hugged my sister when he told them. When I woke up, my family told me the doctor said it wasn't cancer.